Master Group (Aust) Pty Ltd (Migration)

This matter concerned an appeal by Master Group (Aust) Pty Ltd against a decision to refuse its nomination for a position under the Direct Entry nomination stream. The dispute centred on whether the applicant had established a genuine need for the nominee to be employed in the nominated position.

The Tribunal was required to determine whether the applicant had satisfied the requirements of regulation 5.19(4) of the Migration Regulations 1994, specifically concerning the genuine need for the nominator to employ a paid employee in the nominated position under their direct control. The Tribunal also considered whether the applicant had met the criteria for the Direct Entry nomination stream, as opposed to the Temporary Residence Transition Nomination stream.

The Tribunal affirmed the decision under review, finding that the applicant had not established a genuine need for the nominee to be employed in the position. The Tribunal noted that the applicant had not sought to satisfy the criteria for the Temporary Residence Transition Nomination stream, and therefore had not met the requirements of regulation 5.19(3). Consequently, the nomination could not be approved.